Randy

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solitaire
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Randy
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Par For The Course

Business > Advice Appreciated
 

Advice Appreciated

Where else can I turn to for advice, unbiased and honest? Right here, of course! Family and friends know "too much", so I'm looking to my mybloggers friends.

Here's the deal. I need to make a new will. Why? Circumstances have changed recently.

I have four children (the sex of which matters not). My current will divides everything equally--25% each. Easy.

Not so fast, my friend. With the farm property, it gets complicated. One daughter with husband wants to farm it. The others are not interested. But, of course, farm land nowadays is worth a lot of money. And I've already "gifted" 20 acres (out of 120) to Emily and Nate.

If I divided the leftover 100 acres (25 ea), I'm sure Nate would want to buy out the others. But he could never afford it. (It's worth $6000/ac in today's market.)

My current home and investment assets aren't worth as much, or that much. But, unlike land, it's "cash on hand" when divvied out. And, I've already loaned Nate and Emily a considerable amount of money to move their house, etc., which I may never see again. (They insist I will.) It depends on how well their farming business goes.

Another "toss in" is my share of my inheritance. I have no idea how much that will be (if anything--divided 3 ways). Dad's worth is a well kept secret. He's from the old school.
Whatever amount that is would add to my "wealth".

Right now, I'm thinking about a 30-30-30-10 split in my total assets, with Nate and Emily getting the 10% plus ALL the farm. It can never be perfectly fair because of all the variables involved--land worth, my inheritance, my financial worth, etc. Luckily, my kids don't seem to care, plus they get along with each other just great.

Any suggestions/recommendations would be welcome.

posted on Apr 10, 2012 6:06 AM ()

Comments:

I would suggest a good trust attorney. Put it in a revocable trust, however you decide to divvy it up and you can keep it out of probate. Probate can get quite expensive. That land's value will easily exceed the level for estate taxes. Also, a trust is much harder to contest than probate. A will is nothing but an expression of your wishes. A trust is much more legally binding. This from a former estate planner.
comment by redimpala on Apr 11, 2012 6:24 PM ()
A good trust attorney can show you how to avoid triggering some of those estate taxes. He will suggest either a revocable or irrevocable trust.
reply by redimpala on Apr 11, 2012 6:26 PM ()
Talk to a good probate attorney who specializes in farm land estates and understands inheritance tax protections.
comment by marta on Apr 10, 2012 3:44 PM ()
That's my next step. I just wanted some guidelines in my own mind. "Father knows best." Good advice.
reply by solitaire on Apr 11, 2012 5:12 AM ()
Not sure that "fair" = "even split". I'd consider peoples' needs and wants before I considered equality. If I knew, for example, that one couple would use a farm for its intended purpose, I'd be sure they got it. Maybe somebody else needs a few acres, or vehicles, or cash, or favored possessions. You could discuss the issue to whatever degree with each of them and probably get a better insight than you're getting from asking us and guessing.
comment by jjoohhnn on Apr 10, 2012 11:44 AM ()
Yes. I was straightforward with my parents about inheriting only one thing of theirs--a grand piano. My sisters can have everything else. Oh yes, I wanted the farm! Not a small item!
reply by solitaire on Apr 11, 2012 5:10 AM ()
I like the idea of the 30 30 30 10. That leaves the land to the ones who will use and enjoy it, and still giving them something a little extra to get by. I also think dragon fly might be onto something --- your kids might have some valuable insight?
comment by kristilyn3 on Apr 10, 2012 10:31 AM ()
Probably the person with the best advice is my lawyer! I'm scared of dying before I get my estate settled, so I'm eager to get this done.
reply by solitaire on Apr 11, 2012 5:08 AM ()
Get a reverse mortgage. Take the cash and bank it. What's left after you go is split anyway you desire. (But use some of it while you live to do your 'bucket list.')
comment by jondude on Apr 10, 2012 10:26 AM ()
I've heard bad things about reverse mortgages, but, admittedly, have never researched them. One of my kids might want to live in my house. I'll ask. I've been working on my bucket list, although I have a long way to go!
reply by solitaire on Apr 11, 2012 5:06 AM ()
You may be asking the wrong people. Maybe you should be asking your kids because after you are gone, whatever you decide to do now will no longer matter to you but may have a lasting impact on their relationships with each other.
comment by dragonflyby on Apr 10, 2012 9:11 AM ()
Good idea. I'm going to Calif. to see two of my kids next week. I'll bring the subject up.
reply by solitaire on Apr 11, 2012 5:03 AM ()
As for me Take the Money and Run
comment by fredo on Apr 10, 2012 9:04 AM ()
You won't be able to run far with what little you'll get!
reply by solitaire on Apr 11, 2012 5:01 AM ()

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